Appeals to London abolished

By HELEN TUNNAH, deputy political editor

New Zealand's ties to the Privy Council have been abolished but the National Party leader, Bill English, has made a last-minute plea to the Government to change the way judges will be appointed to the new Supreme Court.

Mr English will ask Attorney-General Margaret Wilson for all politicians to oversee the selection of the first full bench of the Supreme Court, which will replace the Privy Council next year as New Zealand's final appeal court.

Up to six judges are to be appointed to the court, probably from the Court of Appeal, on the recommendation of the Attorney-General.

However, Opposition parties say that leaving any government to have a final say on the appointment of a court's full bench opens the way to politicising it.

Ms Wilson yesterday steered the Supreme Court Bill through its final stages in Parliament, with the backing of 63 out of 120 MPs.

The Progressive Coalition and the Green Party supported Labour, while National, NZ First, Act and United Future voted against the bill.

The legislation passed despite Opposition calls for a public referendum and despite the criticism of business interests, the legal profession and Maori.

Appeals to the Privy Council will end on December 31, except for a few court cases already under way, and the new Supreme Court will begin hearing appeals from next July.

The court's first judges will be appointed over the coming months.

The Attorney-General will name the bench on the recommendation of a panel comprising the Solicitor-General, Terence Arnold, QC, Chief Justice Dame Sian Elias and former Governor-General Sir Paul Reeves.

Mr English said yesterday that rather than rely on a panel, a special committee of MPs could discuss recommendations, which could then be endorsed by a resolution of Parliament.

He told the Herald that while the final decision would still be determined by who could command a majority in Parliament, at least the process would be more transparent.

"It would give greater legitimacy to the appointments."

He had earlier told Parliament the appointments process was now blighted by distrust of the Government and Labour had already failed the court it so much wanted to set up.

However, Ms Wilson told the Herald last night that Mr English's stance would politicise the court. She said she would ask Mr Arnold to begin the appointments process today.

Earlier, and surrounded by senior Cabinet ministers and several of Labour's Maori MPs, she told Parliament she had followed an "inclusive" consultation process before setting up the Supreme Court.

"It is time we stood on our own two feet."

She also formally thanked the London-based Privy Council for its past service.

The debate became heated when New Zealand First leader Winston Peters and Maori Affairs Minister Parekura Horomia challenged each other over the bill.

Mr Peters repeated his claims that Labour's seven Maori constituency MPs were not representing their people because many in Maoridom were opposed to the law.

He accused the MPs of being "lambs" in Parliament who had been "colonised" by Labour.

"Even lambs say something ... so can you hear the voice of Maoridom?

"What can you hear - a deafening silence, not a mutter, not a murmur ... not even a bleat.

"Don't shout me down, shout your leader down. Or better still, get up on your feet and defend this bill."

Associate Maori Affairs Minister John Tamihere took up Mr Peters' challenge, and said it was time for "Kiwis" to shape their own destiny.

"We will not be bullied, we will not be intimidated, we will not be stood over from the pinstriped one from Tauranga.

"This particular court is about access for Kiwis to the highest court in the land. Our people have to wake up that we can no longer be dependent on traditions 12,000 miles away.

"We have to understand our own mana for a change, rather than being suffocated."

Voting

The Supreme Court Bill was passed by 63 votes to 53.

For - 63

* Labour 52

* Green Party 9

* Progressive Coalition 2

Against - 53

* National 27

* New Zealand First 13

* United Future 8

* Act 5

Suspended Act MP Donna Awatere did not vote.

Act could not cast its other three votes because it had MPs away on other business.